In a decision that is unsurprising but important, the DC Circuit Court of Appeals affirmed that “authors,” as defined in U.S. Copyright Act, are human beings and not machines that can autonomously generate works. I say unsurprising because nothing in history or statute should have led the court to any other conclusion, and indeed the opinion can be summed up ...
Last week, in response to the Executive Order referred to as the “AI Action Plan,” various stakeholders submitted comments to the Office of Science and Technology Policy (OSTP). OpenAI, for its part, submitted one of the finest examples of tech-bro bombast we have seen in some time. Not even Google’s comments, which names copyright, privacy, and patents as barriers to ...
One of many challenges with adoption of generative AI (GAI) tools is whether creators are willing to demonstrate a degree of solidarity on the matter—i.e., apply the principle we generally call fair trade. If Creator A uses a GAI that might be harmful to Creator B in a different field, and so on, will most creators take this broader perspective ...
That title riffs on the term of art in trademark law known as “likelihood of confusion.” It refers to a foundational test, which asks whether the average consumer will confuse a particular mark (words, design, or both) with a product or service that is not produced or distributed by the company associated with a known mark. Thus, beware the Rollex, ...
Today is World Radio Day, and when most of us think of radio, we think of music. That’s why today, Congress received a letter signed by about 300 performing artists asking lawmakers to pass the long-overdue American Music Fairness Act (AMFA) this session. “Each year, AM/FM radio stations play nearly a billion songs. And each year, giant radio corporations rake in ...
